The restriction of compromise interpretation of the contract

Comparative study in civil law

Abstract

This study focuses on the statement of the rules of compromise interpretation of the contract, and we found through the research that the interpretation process to identify the real will of the contractors through the expression of the contract, and what is required of the legal rules, and the reality in which the contract is implemented, All these wishes must be constrained by the interpreter with several controls during interpretation, and those controls should either be  Internal controls imposed by the type of contract to be interpreted or the extent of clarity and ambiguity of the terms used in the contract, or through the search for the common intention of the contractors. External controls imposed by the legislation or public legal system, or the custom that follows the place where the contract is concluded or its implementation, or principles of justice that must be taken into consideration when interpreting, or the legal nature of the obligation.

Therefore, in this study, which consists of a preliminary requirement and two topics, we attempt to add to the introduction and conclusion, shed light on the concept of conciliatory interpretation and internal and external controls of compromise interpretation.